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Freedom to Operate: the difference between success and failure

April 24, 2025

Innovation is key for many companies seeking their place in an increasingly competitive and technology-driven market—one that demands greater investment and creativity to develop solutions and new products. This growing market complexity means companies must not only innovate, but also anticipate and avoid conflicts. Before launching a new product on the market, there’s a crucial step that not all organizations consider: a Freedom to Operate analysis.

This study, also known as a Freedom to Operate (FTO) report, determines whether the development or commercialization of a product infringes on third-party intellectual property rights. In other words, it assesses whether there is actual freedom to operate in a given market.

Having an FTO report not only anticipates and reduces legal risks, but also provides a solid foundation for strategic decision-making. It helps identify potential obstacles to commercialization, optimize project timelines, and assess and minimize investment risk.

But once the report is complete and all the information is on the table—what comes next? While each case must be evaluated individually, there are possible measures that can be taken depending on whether obstacles to the product launch have been identified. You’ll find these outlined in the following infographic:

Ultimately, a Freedom to Operate analysis is not just a preventive measure—it is a strategic tool that enables companies to move forward with confidence, negotiate with insight, and protect their innovations with foresight.

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